Ending a marriage in California
California is a no-fault divorce state. You don't have to prove wrongdoing; it is enough that the marriage has broken down because of irreconcilable differences. What takes time is working out the details: property, debts, support and, if you have children, custody.
To file for divorce in California, at least one spouse generally must have lived in the state for six months and in the county where the case is filed for three months. If you don't meet that yet, a legal separation can be filed right away and later converted.
How we help
- Preparing and filing the petition, or responding if you've been served
- Financial disclosures and gathering the documents the court requires
- Dividing community property and debts, including homes, retirement accounts and businesses
- Requesting or opposing temporary and long-term spousal support
- Negotiating a settlement agreement, or presenting your case at hearings and trial
- Legal separation as an alternative to divorce
What to expect
A California divorce cannot become final until at least six months after the other spouse is served or appears in the case. Many take longer, depending on how much is disputed. Along the way the court can make temporary orders for support, custody and use of the family home.
Ralph prepares every divorce as if it may be decided by a judge, which is usually the best way to reach a fair agreement without one.
Common questions
Do I need my spouse to agree to a divorce?
No. In California one spouse can obtain a divorce even if the other does not want it. Agreement mainly affects how quickly and smoothly the details are resolved.
How is property divided?
California is a community property state. Property and debts acquired during the marriage are generally divided equally, while separate property, such as assets owned before marriage or received by gift or inheritance, usually stays with that spouse. Characterizing property correctly is often where the important questions are.
Will I have to pay or receive spousal support?
It depends on factors such as the length of the marriage, each spouse's income and earning ability, and the standard of living during the marriage. The court can order temporary support while the case is pending and longer-term support afterward.
